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JANOO ALIAS JAN MUHAMMAD versus THE STATE


Criminal Code of Conduct (CRPC) Section 498 Criminal Procedure (XLV of 1860), Section 307/34 Pre-arrest Guarantee, Approval of any Overt Act charged with my presence without any Overt act, Will not be prosecuted for any criminal conviction before arrest warrant

1986 P Cr. L J 645

[Karachi]

Before Abdur Qadeer Chaudhry, J

JANOO alias JAN MUHAMMAD‑‑Applicant

Versus

THE STATE‑‑Respondent

Criminal Bail Application No. 882 of 1985, decided on Ist August, 1985.

Criminal Procedure Code (V of 1898)

‑‑‑S.498‑‑Penal Code (XLV of 1860), S. 307/34‑‑Pre‑arrest bail, grant of‑‑No overt act attributed to accused‑‑Mere presence at site without any overt act, held, would not prima facie saddle accused with any criminal liability‑‑Pre‑arrest bail granted.

Qurban Ali Chohan for Applicant.

Abdul Ghafoor Mangi, A.A.‑G. for the State.

ORDER

The report of the incident was lodged on 8‑7‑1985 wherein it is alleged that the applicant alongwith co‑accused who is his son had attacked the injured Deedar son of the complainant. It is alleged that the applicant was armed with hatchet and the co‑accused was armed with gun. No injury was caused by the present applicant and no overt act has been attributed to him. Mere presence at the site without any overt act does not prima facie saddle him with any criminal liability. He is already admitted to interim bail. The bail is confirmed.

H. A. K. Pre‑arrest bail granted.

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